Course Description

Since as far back as Ancient Greece and Rome, there has been a system in place in all civilized societies to compensate those individuals who have become injured or disabled due to a work-related accident. The laws and regulations governing what is known today as Workers' Compensation have changed dramatically over the last 1700 years.

This course will take a close look at the entire Workers' Compensation system, from the filing of an initial claim, to a detailed look on how to choose the right doctor and lawyer, how to represent yourself in the absence of a lawyer, and, most importantly, a detailed look into the specific federal, state, and private benefits that are available to people who have become injured in their workplace.

Filing a Workers' Compensation claim need not be a daunting task. Every worker must seek the advice of qualified professionals. This course will provide an understanding of the core concepts in a Workers' Compensation claim, as well as education on where to get further information.

Being injured in the workplace can mean a significant change in one's life, and it is important to ensure that one's rights – either those of an employee or an employer – are being fully protected.

The History of Workers' Compensation

The
history of Workers' Compensation dates back literally thousands of
years, to the beginning of written history. Workers' Compensation
regulation and laws appear today in virtually all industrialized nations
although laws governing workers have changed dramatically throughout
history, and the United States is certainly no exception.

The
concept of Workers' Compensation can be found even in antiquity. The
peoples of ancient Greece and Rome had very specific rules and
regulations that outlined how people should be compensated due to
injuries suffered in the course of their employment. While many people
today seem to think our sets of laws and regulations are mind-numbingly
precise and detailed, it should be noted that even ancient peoples had
very precise schedules that governed the levels of compensation for each
worker. For example, in ancient Arab law, the loss of a thumb was worth
exactly one-half the value of an entire finger.

As detailed as
the ancient Workers' Compensation laws might have been, the difference
between an impairment and a disability, a very important distinction in
today's labor force, had not yet arisen. It is a distinction that will
be discussed in this course. Briefly, an impairment is the loss of the
use of a specific body part, or multiple body parts. A disability is the
inability to perform one's job or assigned tasks. Although specific
rules existed in ancient times for the compensation of impairments, the
notion of a disability would take many years to become a part of the
Workers' Compensation series of laws.

As
time progressed toward the Middle Ages and feudalism became the
prevailing form of government, the specificity of the ancient laws
governing Workers' Compensation were replaced with a more localized
system. In the Middle Ages, the fate of workers was left chiefly to the
feudal lords who were to care for their workers. Each of them made up
their own guidelines for the compensation of workers who suffered an
injury while under their employment. Naturally, some lords were more
benevolent than others and the uniformity of the ancient laws governing
Workers' Compensation gave way to a more localized, and chaotic, set of
rules in the Middle Ages. It was not until the Renaissance period,
roughly beginning in the 14th century, that labor laws were updated to include more uniform Workers' Compensation regulations.

Beginning in the Renaissance period, and leading up to the Industrial Revolution, or approximately the late 18th century,
there were three main principles that governed compensation for injured
workers. These were contributory negligence, the "fellow servant rule,"
and the assumption of risk.

Contributory negligence meant that
if a worker contributed to his or her own injury, due to careless use of
a machine, for example, the employer was not responsible for the
injury. This principle was intact even if the working conditions were
less than satisfactory or if the worker was using particularly dangerous
machinery. Similarly, if a worker was responsible for the upkeep of any
machinery and responsible for maintaining its safe use, any injury due
to a malfunction of such machinery could not be blamed on an employer.

The
"fellow servant" rule was put in place to state that an employer was
not to be held liable if an injury to a worker was due to a colleague,
or a fellow worker.

The assumption of risk concept was simply
that certain workers knew the inherent dangers of certain jobs. It
stated that when workers signed their contracts to be employed by an
employer, they released the employer from any liability resulting from
an injury on the job. Employers were required to provide safety measures
but, until modern times, these measures were usually wholly inadequate.

These
three principles, when looked at through the context of modern history,
seem extremely unfair and, indeed, they were regarded as unfair by many
employees during the time periods in which they were enforced. The only
recourse a worker had during these times was litigation. In those
times, as well as in today's society, legal matters were extremely
costly. Additionally, it was extremely difficult for a worker to win any
compensation at all. Professional workers, and those with higher levels
of education and money, were able to buy a primitive form of disability
insurance. As more and more workers became accustomed to bringing
lawsuits against their employers, many employers began to criticize the
current state of laws and joined the workers in calling for reforms.

A
major change in Workers' Compensation laws began in Prussia in 1871
with the passage of the Employers' Liability Law, which provided some
protection to workers in certain sectors of employment. These sectors
included such venues as factories and mines. The law was the initiative
of Prussian Chancellor Otto von Bismarck. In future years, Bismarck also
instituted such initiatives as the Workers' Accident Insurance of 1884
which is generally regarded as the first doctrine of modern day Workers'
Compensation. Additionally, he started a pension system for workers who
were injured in non-job related incidents. It provided a small pension
for those unable to work due to an injury as well as those who were
never able to work due to certain disabilities. A very important concept
of these laws was the protection employers enjoyed from worker
lawsuits. The state run laws provided the only recourse for workers who
were injured and, in many instances, lawsuits became unnecessary.

As
time progressed, countries in the West began to embrace the notion of
Workers' Compensation and enacted laws that protected, in essence, both
the worker and the employer. The initiative of Otto von Bismarck served
as a model for these laws. In 1880, there were laws enacted in England
to establish workers' rights, but they were generally regarded as
inadequate. It was not until 1897 when the British Parliament passed the
Workers' Compensation Act, which provided stringent laws governing
workers' rights. It established the right of private companies to
provide insurance for workers, unlike the Prussian model which was
entirely run by the government.

Workers' Compensation laws in the United States were not enacted until 1906 and 1908, when a series of laws known as the Employers' Liability Acts were
passed. They replaced the contributory negligence concepts of earlier
times with regulations that provided a higher level of protection for
workers. But, each state was left to decide how to interpret the
laws. Each state passed their own version of comprehensive Workers'
Compensation laws beginning in 1911. Mississippi was the last state to
pass such laws in 1948.

The
Social Security Disability Insurance, or SSDI, was the first federal
program that provided workers with compensation due to injuries
sustained in non-job-related incidents. Like the pension model in
Prussia, it also provided for benefits for people who were never able to
work due to a disability.

The
history of Workers' Compensation laws shows great improvement over the
years, but they are constantly being evaluated and changed as our labor
force changes. We will take a close look at our current series of laws
to examine how workers are protected in today's marketplace.

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Course Lessons

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Lesson 1. The History of Workers' Compensation

Workers' Compensation regulation and laws appear today in virtually all industrialized nations although laws governing workers have changed dramatically throughout history, and the United States is certainly no exception.
7 Total Points

Lesson 1 Video

Take Poll: Workers' Compensation Course

Complete: Lesson 1 Exam

Lesson 2. Workers' Compensation Benefits

Depending on the severity of your injury, and several other factors, you may be entitled to a wide range of benefits. This chapter will address each type of benefit in detail, explain how to obtain these benefits, and, if applicable, what rules and regula 10 Total Points

Lesson 2 Video

Review Article: Social Security Disability Resource Center

Complete: Lesson 2 Exam

Lesson 3. Filing a Workers' Compensation Claim

Filing a Workers' Compensation claim is often not an easy task, but it need not be a daunting task. 10 Total Points

Lesson 3 Video

Complete: Lesson 3 Exam

Lesson 4. Denial of Benefits and Appeals

For most of us, it is traumatic enough just to have an injury at work. But, experiencing a denial of benefits from your employer or your employer's insurance company can make the situation a great deal worse. 10 Total Points

Lesson 4 Video

Review Article: The Appeals Process

Complete: Lesson 4 Exam

Lesson 5. Medical Treatment and Choosing a Doctor

This chapter will address how to choose the right doctor for your needs, and it will address the medical treatments that you are entitled to under Workers' Compensation insurance.
10 Total Points

Lesson 5 Video

Review Article: The Disability Test

Complete: Lesson 5 Exam

Lesson 6. Dealing with Attorneys and Legal Forms

Having an attorney working for you on a Workers' Compensation claim is not required, but it is certainly beneficial in many instances. 10 Total Points

Lesson 6 Video

Take Poll: Workers' Compensation Case

Complete: Lesson 6 Exam

Lesson 7. Handling Your Own Case

Although this chapter will not be an all inclusive lesson on how to represent yourself in legal matters, it will give you an introduction to how the legal process works in a Workers' Compensation case in which you choose to be your own representative.
10 Total Points

Lesson 7 Video

Complete: Lesson 7 Exam

Lesson 8. Preparing for a Hearing, Mediation, and Other Litigation Matters

There is an enormous amount of material that must be reviewed during a Workers' Compensation case, and having an attorney to help you through the process of preparing for a hearing, mediation, and other matters concerning the law might prove to be essenti 9 Total Points

Lesson 8 Video

Complete: Lesson 8 Exam

Lesson 9. Financial Considerations

This chapter will address answers to some commonly asked financial questions dealing with Workers' Compensation.
10 Total Points

Lesson 9 Video

Complete: Lesson 9 Exam

Lesson 10. Workers Compensation Fraud

Whether you are an employer, a worker, or an insurance agent, you need to be familiar with the subject of Workers' Compensation fraud. 10 Total Points

Since both the Social Security Administration and the Workers' Compensation system have a great deal of interaction, it is important to fully understand the rules and regulations of the Social Security program.
10 Total Points

Lesson 11 Video

Review Article: Workers' Compensation Benefits FAQ

Complete: Lesson 11 Exam

Lesson 12. Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) requires a covered employer to grant medical leave to an employee under certain circumstances. 10 Total Points

Lesson 12 Video

Review Article: Family and Medical Leave Act

Complete: Lesson 12 Exam

Lesson 13. Americans with Disabilities Act

Many people who have become disabled as a result of a Workers' Compensation case will want to learn about their rights and protections under the law. 70 Total Points

Lesson 13 Video

Take Poll: Final Course Poll - Your Opinion

Take Survey: Program Evaluation Follow-up Survey (End of Course)

Complete: Lesson 13 Exam

Complete: The Final Exam

186

Total Course Points

Learning Outcomes

By successfully completing this course, students will be able to:

Know the history of Workers' Compensation.

Define Workers' Compensation benefits.

Describe the procedures involved in filing a Workers' Compensation Claim.

Describe Denial of Benefits and Appeals processes.

Know medical treatment, and choosing a doctor.

Know dealing with attorneys and legal forms.

Know handling your own case.

Know preparing for a hearing, mediation, and other litigation matters.

Identify financial considerations.

Know Workers Compensation fraud.

Compare and contrast Social Security Disability Insurance and Workers' Compensation.

Define Family and Medical Leave Act (FMLA).

Know Americans with Disabilities Act, and

Demonstrate mastery of lesson content at levels of 70% or higher.

Additional Course Information

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Course Title:
Workers' Compensation 101

Course Number:
7550193

Languages:
English - United States, Canada and other English speaking countries